BILL ANALYSIS

H.B. 2046

By: Naishtat

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, state law allows a county with a population of over 250,000 and counties adjacent to a county with a population over 250,000 to adopt a fire code.  According to 2000 census figures, 15 counties had a population of over 250,000 and 38 counties were adjacent to such counties.  Population estimates for 2008 show 18 counties that meet this population requirement, and 54 adjacent counties.  Authorizing all counties to adopt a fire code would afford them the opportunity to provide a minimum level of fire protection for citizens, similar to that currently available only to residents of cities and more urbanized counties.  

H.B. 2046 authorizes all counties in Texas to adopt a fire code by removing that population-based limitation.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2046 amends the Local Government Code provision that authorizes the commissioners court of a county with a population of over 250,000 or a county adjacent to a county with a population of over 250,000 to adopt a fire code and rules necessary to administer and enforce the fire code.  The bill removes the population and adjacency limits so that the provision applies to any county.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.